^9.J=^> 



A]\ ACT 

TO PROVIDE FOR A GENERAL AND UNIFORM 

SYSTEM OT 

lOMMon schools 

IN INDIANA. 



\ 



\ 



•\^ 



AN ACT 



TO 



PROVIDE FOR A GENERAL AND UNITORM 



SYSTEM OF COMMON SCHOOLS 



AND SCHOOL LIBRARIES, 



AND MATTERS PROPERLY CONNECTED THEREWITH 



IN INDIANA. 



BY AUTHORITY. 



/ 



iiiii —III 1)1 



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INDIANAPOLIS: 
J. P. CHAPMAN, STATE PRINTER. 

1852. 






l^aXtW^v Slvv^AjO^AAix. Mh/^'U.CaX 4'{KA 

MAY 2 - 1913 



V 
0* 



AN ACT 

To provide for a general and uniform system of Common Schools: 
and School Libraries, and matters properly connected therewith. 



Section 1. Be it enacted hy the General Assembly of the State of 
Indiana, That there shall be annually assessed and collected, as the 
State and county revenues are assessed and collected, first, on the 
list of property taxable for State purposes, the suni of ten cents on 
each one hundred dollars. 

Sec. 2. The funds heretofore known and designated as the con- 
gressional township fund, the surplus revenue fund, the county com- 
mon school fund, and all funds heretofore appropriated to common 
schools, the saline fund, the bank tax fund, shall, together with the 
fund which shall be derived from the sale of the county seminaries, 
and the property belonging thereto, from tlie fines assessed for 
breaches of the penal laws of the State, and from all forfeitures which 
may accrue, ail lands and other estates which shall escheat to the 
State for want of heirs or kindred entitled to the inheritance, all lands 
which have been or may hereafter be granted to the State, where no 
special purpose is expressed in the grant, and the proceeds of the sales 
thereof, including the proceeds of the sales of the swamp lands grant- 
ed to the State of Indiana by the act of Congress of 28th September, 
1850, and deducting the expense of selecting and draining the same, 
the taxes which may from time to time be assessed upon the proper- 
ty of corporations for common school purposes, the fund arising from 
the one hundred and fourteenth section of the charter of the State 
Bank of Indiana, and unreclaimed fees as provided by law, shall be 
denominated the common school fund, the income of which, together 
with the taxes mentioned and specified in the first section of this act, 
shall be applied to the support of common schools. 

Sec. 3. The several counties of this State shall be held liable for 
the preservation of said fund, and the payment of the annual interest 
thereon, at the rate established by law. 



Sec. 4. Each civil township in the several counties of this State, 
is hereby declared a township for school purposes, and the trustees 
of such township are hereby declared to be trustees also for school 
purposes, and their clerk and treasurer shall be the clerk and treas- 
ui'er for school purposes also. 

Sec. 5. Such clerk shall keep a record of the proceedings of such 
board of trustees, and discharge such duties as may from time to time 
be required of him. 

Sec. 6. The treasurer shall give an official bond for the use of the 
township, in such sum and with such surety as may be approved by 
such board. 

Sec. 7. Such treasurer shall collect all rents and debts belonging 
to his township, receive from the county treasurer all sums appor- 
tioned to his township for educational -purposes, or which may be 
raised by any tax voted by the inhabitants of his township for any 
purpose authorized by this act, and pay out the same according to 
the orders of such board. He shall keep accurate accounts of his 
receipts and expenditures, and settle with the board of trustees once 
in each year, and oftener, if required, and discharge all other duties 
required of him. 

Sec. 8. Such board shall take charge of the educational affairs of 
the township, employ teachers, and visit the schools, either as a board 
or by one of their number, at least twice during each term thereof. 

Sec. 9. They shall cause to be prepared a map of their township, 
on which shall be marked, annually, the residence of the scholars in 
such township, within the ages prescribed by law. They shall also 
establish and conveniently locate in said township a sufficient num- 
ber of schools for the education of the children therein. 

Sec. 10. They shall have charge of all school houses, make con- 
tracts for the building and repair thereof, and provide suitable furni- 
ture and fuel. They shall at the annual township meeting, exhibit a 
complete account of receipts and exj;enditures during the year pre- 
ceding such annual meeting, and an estimate by items of the proba- 
ble amount required for building and lepairing school houses, furni- 
ture, fuel and apparatus, for the action of the township, and at such 
meeting the trustees shall exhibit an account of the number of days 
each has been employed during the year in the discharge of his duty 
as such trustee, who shall be entitled to receive one dollar per day 
for the time actually spent in the school affairs of their township. 

Sec. 11. They shall present, for the decision of such meeting, the 
erection or removal to a more eligible site, of any school house, with 
plans and probable expenses of any new one., or of removal: Provi- 
ded, however, That in case no provision is made by such meeting for 
building, removing, repairs, furniture or fuel, such trustees may pro- 
vide therefor out of any funds in their hands. 

Sec. 12. They shall, on or before the 20th day of September, in 
each year, make an enumeration of the children within their respect- 
ive townships, between the ages of seven and seventeen years, dis- 



tinguishiiig between seven and twelve, and twelve and seventeen; 
and shall ascertain, by enquiry, to which school parents and guar- 
dians desire to send, and shall enroll accordingly for one year, and 
furnish to each teacher a list of children assigned to him. 

Sec. 13. When persons can be better accommodated at the school 
of an adjoining township, the trustees of the township in which such 
persons reside, shall ti'anster them for educational purposes to such 
adjoining township, and notify the trustees oi' the same of such trans- 
fer; and in any enumeration, the children of such persons shall be 
regarded as belonging to the township to which they have been 
transferred; and such persons shall, for educational purposes, be 
voters in such adjoining township only. 

Sec. 14. They shall require each common school teacher to file 
with the clerk of such board, at the expiration of each school term, 
a complete report, verified by affidavit, of the number of scholars ad- 
mitted during such term, distinguishing between male and female, 
and between the ages of five and twelve, and twelve and twenty-one 
years, the average attendance, books used, branches taught, and 
number of pupils engaged in the study of each branch; and until 
such report shall have been so filed, such trustees shall make no 
payment to such teacher for services. 

Sec. 15. They shall present, at the annual township meeting, a 
statement exhibiting the number of children in the township between 
the ages of seven and seventeen years, distinguishing between male 
and female, and between the ages of seven and twelve, and twelve 
and seventeen years, the number of schools, the number of teachers, 
male and female, and the number of children, male and female, who 
have attended school during the past year, distinguishing between 
those above and those below the age of twelve, the average attend- 
ance, length of school terms, compensation of teachers, male and 
female, amount of public funds apportioned to the township, addi- 
tional amount raised by vote of the township, appraised value of 
real and personal property of such township, condition of school 
houses and furniture, and estimated value thereof, number and con- 
dition of books in the library, value and condition of school appa- 
ratus, and a complete statement by items of their expenditures. 

Sec. 16. In visiting schools they shall examine the mode of leach- 
ing, government, books used, adaptation of school houses and furni- 
ture, the comfort and health of the scholars, condition of such school 
houses and furniture, and all matters connected with the comfort 
and efficiency of the schools. 

Sec. 17. They may dismiss teachers for incompetence, immor- 
ality or neglect of duty, and suspend fi'om the privileges of school 
any pupil found guilty of disorderly conduct, which suspension shall 
not extend beyond the current session, nor shall such dismissal pre- 
judice the claim of a teacher for services ren Jered prior to the time 
of dismissal. 

Sec. 18. Whenever a majority of the parents or guardians of 



^ 6 

the pupils attending a school shall present to the trustees of the pro- 
per township, a complaint in writing of the misconduct, inefficiency 
or incompetency of the teacher, such trustees shall forthwith investi- 
gate the cause of complaint, and if such complaint be properly sus- 
tained, shall dismiss the teacher. 

Sec. 19. Such board may establish graded schools or a modifi- 
cation thereof, where such establishment is practicable and conve- 
nient, and "in such case they shall so classify the children of their 
township, as to secure to all equitable participation in the advan- 
tages thereof. 

Sec. 20. They shall on or before the first day of October in each 
year, furnish to the county auditor and State Superintendent, a full 
report of their proceedings, embracing all the information contained 
in the statement which they are required by this act to make to the 
annual township meeting, and also stating the number of select 
schools in the township, so far as the same can be ascertained, with 
the number of pupils, their ages and sex, and branches taught; and 
the average wages of teachers both in the public and in the select 
schools. 

Sec. 21. They may call a special meeting of the voters of the 
township, whenever in therr opinion the interest of the township 
requires it, giving twenty days' notice thereof; and they shall call 
such meeting, when required in writing to do so by twenty of the 
voters of the township; whenever a special meeting is called, the 
notice shall specify time, place, and object, and be set up in three 
public places in the township. 

Sec. 22. Whenever a township tax shall be voted for school 
purposes, such trustees shall make out and file with the county audi- 
tor a list of so much of the taxable property in the township, with 
the names of the owners thereof, as belongs to such persons as may 
have been transferred for educational purposes to an adjoining town- 
ship, and also to such persons as may, for the same purposes, have 
been transferred to the township, which shall be situate in the town- 
ship of such persons' residence, unless the same be in an adjoining 
county. 

Sec. 23. The auditor shall take for his guide the assessment of 
the property of the township for State and county purposes, deduct- 
ing therefrom the property of persons transferred to another town- 
ship, and adding thereto the property of persons transferred from 
other townships, and shall make the proper assessment thereof in 
the same manner as for State and county revenue, shall add the 
amount of said tax to his duplicate in an appropriate column, and 
the said taxes shall be collected by the county treasurer as other 
revenues, and the said treasurer shall pay the same, upon the war- 
rant of the auditor, to the treasurer of the proper township. 

Sec. 24. Every person transferred for educational purposes to a 
township of an adjoining county, shall pay to the treasurer of such 
township a sum equal to the tax voted by such township, compu- 



ting the same upon the property of such person in the township 
where he resides, according to the valuation thereof by the proper 
assessor, and in default of such payment shall be debarred from ed- 
ucational privileges in the township to which he may have been 
transferred, and the trustees of the said township shall notify the 
trustees of the township in which he resides, of such exclusion. 

Sec. 25. Tax [)ayers may pay such special tax at any time to 
the township treasurer, whose receipt shall be received by the coun- 
ty treasurer as evidence of payment. 

Sec. 26. When any board of trustees shall neglect to file with 
the county auditor an enumeration of the children of the township 
as hereinbefore provided, the county auditor shall employ a compe- 
tent person to take the same, and allow a reasonable compensation 
for such services, and shall proceed to recover the same, in the name 
of the State of Indiana, for the use of common schools, by action 
against the said trustees, in their individual capacity; and in such 
suit such auditor shall be a competent witness. A copy of such 
enumeration shall forthwith be forwarded by the auditor to the 
State Superintendent. 

Sec. 27. If a township trustee fail to discharge any of the duties 
of his office, any person may maintain an action against him for 
every such offence, in the name of the State of Indiana, and may 
recover for the use of the common school fund, any sum not ex- 
ceedina: ten dollars. 

Sec. 28. Any person elected or appointed a township trustee, 
who shall fail to qualify and serve as such, shall pay the sum of five 
dollars, to be recovered as specified in the preceding section for the 
use therein named. 



Of the Distribution of School Funds. 

Sec. 29. The State Superintendent shall, annually, by the third 
Monday in February, in each year, make out a statement showing 
the number of scholars in each county of the State, the amount of 
funds in the hands of county treasurers for distribution, and the pro- 
portional amount to which each county is entitled, and shall file the 
same with the Auditor of State, who shall arrange the necessary 
transfers between the counties; and in case it shall be found incon- 
venient to draw upon those counties having an excess, in favor of 
those counties having a deficiency, the county treasurer, (on being 
thereto requested by the Treasurer of State,) shall pay such excess 
into the State treasury; and to enable him to make such distribution 
county treasurers, at the time of making their annual settlement, 
shall furnish lo the State Superintendent a statement of money in 
their hands. 

Sec. 30. The State Superintendent shall inform all county audi- 
tors of the sum to which their county is entitled, and also a state- 



8 

ment of the amount to be distributed to each of the incorporated 
cities, towns or townships of such counties, according to the num- 
ber in each. 

Sec. 31. County treasurers shall annually, on the fourth Mon- 
day of March, make distribution in accordance with such annual 
statement, of the fund applicable to school purposes, upon warrant 
of the county auditor, by paying the same to treasurers of incorpo- 
rated cities, towns and townships of the county. 

Sec. 32. Incorporated cities and towns shall constitute school 
corporations, independent of the townships in which they may be 
situated, and shall be entitled to the proportional amount of school 
funds to which the number of children between the ages prescribed 
by law will entitle them; and shall, by trustees elected by the people, 
or by officers appointed by the corporation, perform all the duties 
required of township trustees, — prepare and file with the county au- 
ditor all the reports required of, and be subject to all the liabilities of 
such trustees, — shall have power, by a vote of the qualified voters of 
such corporation, or by an ordinance, to levy taxes for the support 
of their schools, after the public funds shall have been exhausted, — 
for the building, repairing and hiring of school houses, — for the pur- 
chase or leasing ground therefor, — for the furnishing thereof, — lor the 
establishment or increase of school libraries, and for all other inci- 
dental expenses. They shall have power to establish graded schools, 
and generally to do and perform all other acts which, by this act, are 
authorized to bedoneand performed by township trustees: Provided, 
however. That in case any school district within the limits of such city 
or town, shall have heretofore contracted debts lor school purposes, the 
said city or town shall make provisions for the payment thereof. 
The same transfers may be made for educational purposes from the 
neighborhood of any such city or town, to such city or town, and on 
the same terms and conditions as are hereinbefore provided in rela- 
tion to transfers from one township to another. 



Of the investment of the Common School Fund. 

Sec. 33. The principal of all moneys belonging to the common 
school fund, and received into the county treasury, shall be loaned, 
and the interest paid for the support of schools, as provided in this act. 

Sec. 34. Such loans shall be made by the county auditor, who 
shall inform himself of the value of all real estate offered in pledge, 
and shall judge the validity of the title thereof; and all persons ap- 
plying for a loan, shall produce to said auditor title papers, showing 
a clear title in fee simple, without incumbrance, and not derived 
through any executor's or administrator's sale, or sale on execution, 
or sale for taxes. 

Sec. 35. The trustees shall appraise any lands offered in mortgage. 

Sec. 36. Such appraisers first being ofticially sworn, shall examine 



an-d appraise such land, and sign and give to the applicant a certi- 
ficate, setting forth the fair cash value thereof at the time, without 
taking into consideration perishable improvements, — the number of 
acres, and a desciiption of the same by numbers of congressional di- 
visions, or of recorded lots, or by metes and bounds. 

Sec. 37. In making such loans, preference shall be given to the 
inhabitants of the county, if the security be adequate; and the money 
shall be loaned equally among the diffei'ent townships, if there are 
applicants in said townships. 

Sec. 38. No land shall be received as security, unless situated in 
the county where the loan is made. 

Sec. 39. The amount loaned to any person or company, shall 
not exceed three hundred dollars. 

Sec. 40. The person applying for a loan, shall file with the audi- 
tor the certificate of the clerk and recorder, showing that there is no 
incumbrance on said land in either of their offices. 

Sec. 41. Such person shall also make oath to the truth of an ab- 
stract of his title, and that there is no incumbrance or better claim, 
that he knows of. 

Sec 42. No such loan shall be made for a longer term than five 

o 

years. 

Sec 43. The sura loaned shall not exceed one-half ol the apprais- 
ed value of the premises to be mortgaged, clear of all perishable i^n- 
provements. 

Sec 44 The auilitor shall have power to administer all oaths, 
and take all acknowledgments required by this act. 

Sec 45. Mortgages taken for such loans, shall be considered as 
of record from the date thereof, and shall have priority of all mort- 
gages or conveyances not previously recorded, and of all other liens 
not previously incurred, in the county where the land lies. 

Sec 46. The auditor shall cause such mortgages to be recorded, 
with due diligence, retaining the cost of recording out oi the money 
borrowed. 

Sec 47. The rate of interest required, shall be seven per cent, 
per annum, payable annually in advance. 

Sec. 48. On failure to pay any instalment of interest, when the 
same becomes due, the principal sum shall forthwith become due, and 
payable, and the note and mortgage may be proceeded on, and the 
money collected. 

Sec 49. The mortgage may be in substance as follows, to-wit : 

1, A. B., of the county of ,in the State of Indiana, do mort- 
gage to the State of Indiana, all \_ here describe the land^ for the 

payment of dollars, with interest at the rate of seven per 

cent, per annum, payable in advance, according to the conditions of 
the note hereto annexed. 

Sec 50. The note accompanying the same may be in substance 
as follows, to-wit: 

I, A. B., promise to pay to the State of Indiana, on or before the 



10 

-, the sum of , with interest thereon at the rate of 



seven per cent, per annum, in advance, commencing; on the 

^^y q( — . ^ 18 — ; and do agree that, in case of failure to pay any 

instahnent of said interest, the principal sum shall become due, and 
payable, together with all arrears of interest; and on failure to pay 
such principal or interest when due, two per cent, damages shall be 
collected, with costs, and the premises mortgaged may be forthwith 
sold by the county auditor, for the payment of such principal sum, 
interest, damages and costs,. 

Sec. 51. On making loan of any such fund, the auditor shall draw^ 
his ^^ arrant in favor of the borrower upon the county treasurer, who 
shall charge it to the fund. 

Sec. 52. All loans refunded, and all interest, shall be paid to the 
county treasurer, and his receipt shall be filed with the county audi- 
tor, who shall give the payer a quietus therefor, and make the proper 
entries. 

Sec. 53. Whenever the amount due on any mortgage shall be 
paid, and the treasurer's receipt filed therefor, the auditor shall en- 
dorse on the note and mortgage that the same have been fully satis- 
fied, and suirender the same to the person entitled thereto, and on 
the production of the same, thus endorsed, the recorder shall enter 
satisfaction upon the record. 

Sec. 54. When the interest or principal of any such loan shall 
become due, and remain unpaid, the auditor shall proceed to collect 
the same by suit on the note, or by sale of the mortgaged premises, 
or both, at his option ; he may, also, by action of ejectment, obtain 
possession of the mortgaged premises. 

Sec 5iy. In case of suit on the note, and judgment thereon, no 
appraisement of property shall be allowed. 

Sec. 56. Before sale of mortgaged premises, the auditor shall ad- 
vertise the same in some newspaper published in the county where 
the land lies, if any there be ; otherwise, in a paper in the State 
nearest thereto, for three weeks successively, and also by notices set 
np at the court house door, and in three public places in the township 
in which the land lies. 

Sec 57. At such sale, which shall be held at the court house 
door, the auditor shall sell so much of the mortgaged premises, to the 
highest bidder, for cash, as will pay the amount due for principal, in- 
terest, damages and costs. 

Sec 58. In case of no bid for the amount due, the auditor shall 
bid in the same on account of the fund, and as soon thereafter as 
may be, shall sell the same to the highest bidder for cash, or on a 
credit of five years, interest at seven per cent, per annum being pay- 
able annually in advance. 

Sec 59. Such sale may be in parcels, but shall not be for less 
than the amount chargeable on said land; and if more, the overplus 
shall be paid to the mortgagor, his heirs or assigns. 

Sec 60. The treasurer shall attend and make a statement of 



11 

such sales, which shall be signed by the auditor and treasurer, and 
after being recorded in the auditor's office, shall be filed in the treas- 
urer's office, and such record, or a copy tliereof, authenticated by 
the auditor's or treasurer's certificate, shall be received as evidence 
of the matters therein contained. 

Sec. 61. The deeds shall be executed by the county auditor, and 
shall be entered on the books of the county treasurer, before deliv- 
ery. 

Sec 62. When any land is bid off by the auditor, at such sale, 
no deed need be made therefor to the State, but the statement of 
such sale, and the record thereof made, shall vest the title in the 
State, for the use of the fund. 

Sec. QS. Annual leports of the operations of their respective 
offices, in regard to loans, and payments for school purposes, and to 
all moneys received on account of the common school fund, shall 
be made by the county treasurer and auditor to the board of county 
commissioners, at the first session after the first day of Mai'ch. 

Sec. 64, Forms and modes of book-keeping for said offices shall 
from time to time be prescribed by the Auditor of State. 

Sec 65. The board of county commissioners shall annually, at 
their March session, in the presence of the county auditor and trea- 
surer, examine the accounts and proceedings of such officers in re- 
lation to said fund; they shall also inquire into the safety of the 
several loans made of said fund, and examine and compare the cash, 
notes and mortgages with the books and reports. 

Sec. 66. Said board shall make a report of the result of such 
examination, showing: 

First, The amount refunded and the amount re-loaned, and the 
safety thereof. 

Second. The amount of interest received and the amount paid 
over. 

Sec 67. Such report shall be entered on the records of said 
board, and copies thereof signed by members of the board, the au- 
ditor and treasurer, shall be transmitted to the Auditor of State and 
to the State Superin'tendent of public instruction. 

Sec 68. Any member of the board of county commissioners, or 
any county auditor or ti-easurer neglecting to perform any of the 
duties required in the three preceding sections, shall be liable to in- 
dictment therelbr, and to be fined in any sum not exceeding one 
hundred dollars, nor less than twenty dollars. 

Sec 69. The county auditor and treasurer shall receive for their 
services each two and a half per cent, on all receipts, and disburse- 
ments of interest, and upon all sales for non-payment of loans, the 
five per cent, damages accruing thereon. 

Sec 70. The following fees only shall be charged in case of 
mortgage for loans: 



12 

To each appraiser 50 cents. 

For recording mortgage 50 " 

For drawing mortgage 50 ** 

For taking borrower's affidavit • 10 *< 

Clerk and recoi'der's certificate and examining title, each* '25 " 

Sec. 71. There shall be elected by the qualified voters of the 
State, at the general election, a State Superintendent of public in- 
struction, who shall hold his office for two years. 

Sec. 72. He shall receive for travelling, postgage, stationery, 
and all other expenses, a sum not exceeding five hundred dollars per 
annum. 

Sec. 73. He shall enter upon his official duties on the second 
Monday of November, succeeding his election, and shall subscribe 
an oath of office, which shall be filed in the office of the Secretary 
of State. 

Sec. 74. The books and papers of his department shall be kept 
at the seat of government, where a suitable office shall be furnished 
by the State, at which he shall give attendance, when not absent on 
public business; and if the business of the office require it, he may 
employ a cleik, not more than six months in each year, at a salary 
of two dollars a day. 

Sec. 75. It shall be the duty of the St^te Superintendent, on his 
induction into office, to deliver an address before the State Board of 
Education, setting forth his views of the best method of giving effi- 
ciency to our educational system, with such suggestions as he may 
deem worthy of their consideiation. He shall present an annual 
report containing a bi'ief exhibit of his labors, the results of his ex- 
perience and observation, noticing any imperfection in the operation 
of the system, and suggest the appropriate correction. He shall al- 
so prepare and append to said report, all statistical tables, the mate- 
rials of which have been transmitted to his department by the prop- 
er officer. 

Sec 76. It shall be his duty to spend annually on an average, 
at least ten days in each judicial circuit, superintending teachers' 
institutes, conferring with township trustees, counseling teachers, 
and delivering lectures on topics calculated to subserve the interests 
of popular education. 

Sec. 77. He shall be ex officio President of the Slate Board of 
Education, preside at all meetings thereof, propose such measures 
for consideration and adoption as in his judgment may best subserve 
the interests connmitted to said board, and increase the efficiency of 
their individual labors, and submit for their inspection and approval 
a list of text books for schools, and a catalogue of suitable works 
for school libraries. 

Sec. 78. He shall superintend the purchase of township libra- 
ries, under such regulations as the State Board of Education may 
adopt, and report to said Board his proceedings in relation thereto. 



13 

Sec. 79. He shall receive and promptly determine appeals from 
township trustees, exercise such supervision over the educational 
funds as may be necessary to ascertain their saiety and secure their 
preservation, and cause to be instituted in the name of the State of 
Indiana, for the use of the common school fund, all suits necessary 
for the recovery of any portion of said funds. 

Sec. 80. He may require of county auditors, treasurers, town- 
ship trustees, clerks and treasurers, copies of all reports by them 
required to be made, and all such other information in relation to 
the duties of their respective offices, and the condition of the funds 
and property of common schools, and the condition and manage- 
ment of such schools as he may deem impoitant. 

Sec. 81. He shall prepare and transmit to the proper officers, 
suitable forms and regulations for making all reports, and conducting 
all necessary proceedings under this act, and all necessary instruc- 
tions for the better organization and government of common schools. 

Sec. 82. He shall cause as many copies of this act, with the 
forms, regulations and instructions aforesaid, to be from time to time 
printed and distributed amongst the school townships, as he shall 
deem the public good requires. 

, Sec. 83. The annual leport of the superintendent shall be made 
to the General Assembly, when that body is in session; otherwise, to 
the Governor, who shall cause the same to be published, and com- 
municate a copy thereof U) the next General /Assembly. 

Sec. 84. With the report of his labors and observations, he shall 
present: 

A statement of the condition and amount of all funds and proper- 
ty appropriated to purposes of education; 

A statement of the number of common schools in the State, — the 
number of scholars in attendance, — their ages, sex, and the branches 
taught ; 

A statement of the number of private or select schools in the State, 
so far as the same- can be ascertained, — the number of scholars, their 
age, sex, and branches taught ; 

Estimates and accounts of the, expenditures of the public school 
fund ; 

Plans for the management and improvement of the common school 
fund, and for the better organization of common schools. 

Sec. 85. lie shall, by himself or deputy, [of whom he is authori- 
zed to appoint one in each county,] exanaine all applicants for license, 
and if found qualified, license them as common school teachers, for 
one or two years. Such superintendent and his deputies shall keep 
account of all licenses issued, specifying date and period of their ex- 
piration. Such licenses may be revoked, if the person prove incom- 
petent ; but the teacher's claim for services to the date of revocation, 
shall not be prejudiced thereby. All licenses shall be gratuitous. 



14 

Lands hehn^ing to Common Schools, 

Sec. 86. The custody and control of all lands belonging to the 
common school fund, shall be with the trustees of the civil township 
in which the same shall be situated. 

Sec. 87. They shall have power to lease such lands for any term 
not exceeding three years, reserving rents payable in money, prop- 
erty, or improvements to be made on the land. 

Sec. 88. But if directed by a vote of a majority of the voters of 
such township, such leases may be made for any term not exceeding 
ten years. 

Sec. 89. Townships may acquire land by devise or gift, and hold 
the same in accordance with such gift or devise. 

Sec. 90. Such trustees shall have all rights and powers of a land- 
lord, either in their official names, or in the corporate name of the 
township, in coercing fulfilment of contiacts relating to such lands, 
and preventing waste or damage, or of recovery for the same when 
committed. 

Sec. 91. Such trustees shall preserve all personal property be- 
longing to such township, and m.ay sell the same from time to time 
in such manner as will best promote the interest of such township. 

Sec. 92. At any time when five voters of any township shall, by 
petition to the trustees, set forth their desire for the sale of all or of 
any part of the land in such township, at any time before notice is 
given for the annual election of trustees, such trustees shall insert in 
such notice the further notice that a balloting will then be had to de- 
termine whether the land so petitioned for, shall be sold or not. 

Sec. 93. A copy of such petition shall be entered on the book 
containing the record of the proceedings of such trustees, together 
with the time of its reception, and their action thereon. 

Sec. 94. If a voter favor the sale of such land, he shall write on 
his ballot the word -'sale;" if he oppose the sale, he will write the 
words " no sale." 

Sec. 95. No such sale shall be allowed, unless a majority of all 
the votes cast in such township shall vote in favor of it, and unless 
the number of votes constituting such majority shall exceed fifteen. 

Sec. 96. A certificate showing the number of votes given for and 
against such sale, shall be made out and signed, and within seven 
days after such election, filed with the clerk of such township. 

Sec. 97. Such trustees shall enter such return on their record 
books, and if satisfied that a majority, and more than fifteen voters 
have voted for such sale, they shall enter their opinion on their re- 
cord book, and shall proceed: 

First. To divide the lands so voted to be sold into such lots as 
will ensure the best price. 

Second. To affix a minimum price to each lot, not less than one 
dollar and twenty-five cents per acre, below which it shall not be 
sold. 



15 

Third. To certify such division and appraisement to the proper 
county auditor, together with a copy of all their proceedings had in 
relation to the sale of said lands. 

Sec. 98. Such certificate and return shall, by such auditor, be 
laid before the board of county commissioners, at their first meetino- 
thereafter, and said board, if satisfied that the requirements of the 
law have been substantially complied with, shall direct such land to 
be sold, which sale shall be conducted as follows: 

First. It shall be made by the auditor and treasurer. 

Second. Four weeks' notice of the same shall be given, by posting 
up notices thereof in three of the most public places in the township 
where the land is situated, and at the court house door, and by pub- 
lication in a newspaper published in said county, if any, otherwise in 
the newspaper in the State nearest thereto. 

Sec. 99. One-fourth of the purchase money shall be paid in hand, 
and interest for the residue for one year in advance, and the residue 
in ten years from such sale, with like interest annually in advance. 

Sec. 100. On failure to pay any such annual interest, when the 
same becomes due, the contract shall be forfeited, and the land 
shall immediately revert to the township, and the auditor shall forth- 
with proceed again to sell the same on the terms above specified. 

Sec 101. If, on such second sale, such land shall produce more 
than sufficient to pay the sum owing therefor, with interest and 
costs, and five per cent, damages, the residue shall, when collected, 
be paid over to the first purchaser, or his legal represent;ative. 

Sec 102. At any time before sale, payment of the sum due, with 
interest for the delay, and all costs, together with tw^o per cent, 
damages on the whole sum owing for said land, shall prevent such 
sale, and revive the original contract. 

S^c. 103. In case of such forfeiture, the original pui chaser may 
be sued for waste or unnecessary injury done to such land. 

Sec 104. Such suit shall be prosecuted by the auditor, in the 
name of the State, for the use of the common school fund. 

Sec 105. The former owner of such delinquent land, his heirs or 
assigns, may within one year after sale, redeem the same by paying 
to the purchaser, his heirs, executors, administrators or assigns, or by 
depositing with the treasurer of the proper county the amount of 
purchase money paid bv such purchaser, with interest thereon at the 
rate of ten per cent, per annum, together with all subsequent pay- 
ments for taxes, interest or principal, which such purchaser, or those 
claiming under him, may have made thereon. 

Sec 106. When any land offered for sale shall remain unsold, 
the county auditor may dispose of the same at private sale, for the 
best price that can be had therefor, not being less than the minimum 
price affixed thereto. 

Sec 107. A certified statement of such sale shall be made and 
signed by the auditor, and being first recorded by the county audi- 
tor in the records of the board of county commissioners, shall be 



16 

delivered to the purchaser when he makes his first payment, and 
shall entitle him to a deed when the terms of such purchase shall 
have been fully complied with. 

Sec. 108. Every purchaser, until forfeiture, shall be entitled to 
all the rights of possession before existing in such townships, and of 
all rights and remedies for rents becoming due, or breaches of cov- 
enant accruing after his purchase under any lease existing at the 
time of his purchase, and for ail waste committed thereafter. 

Sec. 109. A purchaser at such sale, failing to make the first 
payment as above required, shall pay ten per centum on the sum 
bid, to be recovered by action before any court having jurisdiction, 
to be prosecuted for by the county auditor, in the name of the State, 
for the use of the common school fund, and the auditor and treas- 
urer shall be competent witnesses. 

Sec. 110. Assignments of certificates of purchase shall be valid 
only if acknowledged before the county auditor, who shall record 
the same. 

Sec 111. When a residue of purchase money becomes due, the 
purchaser may retain the same as a loan, from year to year, on 
payment annually in advance, ot the interest thereon, at the rate 
then established by law on loan of such funds; but he shall receive 
no deed until full payment is made: and the General Assembly may 
at any time hereafter so change the law as to require payment of 
such purchase money after the original credit has expired, giving 
the party one year's notice. 

Sec. 112. Purchasers may at any time before due, pay a part or 
the whole of such purchase money. 

Sec. 113. When any such certificate shall be lost or destroyed, 
before a deed be made, on proof thereof by affidavit of the person 
interested, or other competent testimony, to be filed with the cocnty 
auditor, and after three months' notice of intention to apply for a 
new certificate, given in some newspaper published nearest to where 
the land lies, such auditor may issue the same to the person entitled 
thereto. 

Sec 114. Purchase money and interest, and all costs and dam- 
ages above provided for, shall be paid to the treasurer of the prop- 
er county, and his receipt therefor filed by the person paying with 
the county auditor, who shall issue his quietus therefor. 

Sec 115. When such payment is in completion of any contract 
of sale, the amount of such receipt shall be endorsed by the county 
auditor on the certificate of purchase. 

Sec 116. On full payment for such land, a deed shall be exe- 
cuted by the county auditor, and entered on the record book of the 
board of county commissioners. 

Sec 117. Such deed shall be acknowledged at the cost of the 
grantee by the county auditor, as in other cases, and thus executed 
and delivered, shall vest in the grantee, his heirs and assigns forever, 
a complete title to the land. 



17 

Sec. 118. The voters of any township may, in the absence of a 
vote to sell land, and in lieu thereof, petition the board of township 
trustees for such sale; and such petition, if signed by a majority of 
all the voters of the township, be filed with the county auditor, and 
the same proceedmgs shall be had as are provided in the preceding 
sections upon a vote ol the inhabitants of the township for such 
sale. Such petition and certificate shall also be recorded in the re- 
cord book ol the board of township trustees, and of the county au- 
ditor. 

Sec. 119. When a majority of the voters shall, by petition, de- 
signate any place in the township as the place of sale of any school 
land, the said petition, duly certified and recorded in the record 
of the board of township trustees, shall be filed with the county au- 
ditoi, who shall record the same, and thereupon such sale shall be 
held at such place in the township, instead of at the court house, as 
herein betbre provided. 

Sec. 120. All moneys derived from rents of a school section, or 
from lands heretofore acquired by a township lor other than oidir 
nary school purposes, shall be paid to the county treasurer. 



Miscellaneous Provisions. 

Sec. 121. The books, papers and accounts of any township trus^ 
tee, their ciei k or treasurer, shall be subject to the inspection of the 
county auditor, and of the board of county commissioners of the 
proper county. 

Sec. 122. For the purpose of said inspection, said board of 
county commissioners and auditor may, by subpoena, summon before 
them any such trustees, clerk or treasurer, and require the produc- 
tion of such books, three days' notice of the time to appear or pro- 
duce being given. 

Sec. 12*3. If such books have been imperfectly kept, said board 
of commissioners may correct them; and if fraud appear, shall re^ 
move the person guilty thereof. 

Sec 124. Process in suits against a school township shall be by 
summons executed by leaving a copy thereof with the clerk of such 
township ten days before the return day thereof. 

Sec 125. Suits brought on behalf of a school township, shall be 
brought in the name of the State of Indiana for the use of such 
township. 

Sec 126. When suit on behalf of or against a school township 
shall be entered in the circuit or supreme court, the prosecuting at- 
torney of the proper circuit shall attend to the prosecution or de- 
fence of such township as part of his official duty. 

Sec 127. An appeal shall lie from tne decision of a township 
meeting or of a board of township trustees to the coupty auditor, 
thence to the State Superintendent, whose decision shall be fiual. 
3 



18 

Sec. V2S. Any person who shall sue for or on account of any 
decision, act, refusal or neglect of duty of the township trustees, or 
of county auditor, for which he might have had an appeal according 
to the provisions of the two preceding sections, shall not recover costs. 

Sec. 129. No teacher shall be employed unless he be of good 
moral character, nor until he shall have procured a certificate of 
qualification as provided in this act. 

Sec. 130. The voters of any township shall have power at any 
general or special meeting to vote a tax for the purpose of building or 
repairing school houses, and purchasing sites therefor, providing fu- 
el, furniture, maps, apparatus, libraries or increase thereof, or to 
discharge debts incurred therefor, and for continuing their schools 
after the public funds shall have been expended, to any amount not 
exceeding annually, fifty cents on each one hundred dollars of prop- 
erty, and fifty cents on each poll. 

Sec. 131. The words '^county auditor/* in this act, shall be con- 
strued to mean the county auditor or the clerk of the circuit court 
doing the business of such auditor. 

Sec. 132. Debts heretofore contracted by any school district for 
school purpose.*, shall be provided for by the township or townships 
in which it is situated. 

Sec 133. School commissioners in counties where the office has 
not been heretofoie abolished, shall, at the term of the board doing 
county business next after the taking eflfect of this act, make final set- 
tlement of accounts with the county auditor, which settlement shall 
be entered upon the records of said board, — shall deliver to said au- 
ditor ail books, papers and securities for money loaned appertaining 
to his said office, and shall pay over to the county treasurer all 
moneys remaining in his hands as such commissioner. The office of 
school commissioner shall thereupon be abolished, and its duties shall 
thereafter be discharged by the county auditor and treasurer, as pro- 
vided in this act. 

Sec 134. County auditors shall commence and prosecute to final 
judgment suits in the name of the State of Indiana, for the use of the 
common school fund, against any person who held the office of 
school commissioner, and his securities, for, and in all cases where 
such defaulting person, or any of his sureties, shall have absconded 
or otherwise left the State of Indiana, the county auditor shall com- 
mence and prosecute to final judgment, in the name of the State of 
Indiana, for the use of the common school fund, writs of foreign and 
domestic attachment against the goods, chattels, lands and tenements 
of such commissioner or surety, which said writs may be levied upon 
any property subject by the laws of the State to execution; and the 
proceedings in such case shall be governed by the statutes regulating 
proceedings in foreign and domestic attachment, except that the 
bonds required of individuals shall be dispensed with. 

Sec 135. All common schools shall be open to the pupils thereof 
without charge. 



19 

Sec. 138. The auditor shall lake an account of the amount of 
the surplus revenue fund heretofore distributed to the several counties 
of this State, and also an account of the proportion to which each 
county would be now entitled according to the number of taxable 
polls in each, and shall equalize the amount of State funds in each 
county according to population, as far as may be, by means of the 
saline and bank tax funds annually distributed from the State. 

Sec. 137. The county auditor and treasurer, under the direction 
of the board of county commissioners, shall have the power to com- 
pound for debts of any of the school funds which are considered as 
lost or unsafe. 

Sec. 138. There shall be assessed, collected and paid^as the State 
and county revenues are assessed, collected and paid: 

First, On the list of property taxable for State purposes^thesum 
of one-quarter of one mill on each one dollar. 

SecoTid. There shall be paid by every person liable to pay a poll 
tax for State purposes, the sum of twenty-five cents : Provided^ that 
said tax shall continue for two years only. 

Sec. 139. The said taxes shall be applied exclusively to the pur- 
chase of township school libraiies, under the direction of the State 
Board of Education, but no sectarian work shall be admitted into 
such libraries. 

Sec. 140. The amount of the said taxes, when collected, shall be 
paid by the county treasurers to the Treasurer of State, at the time 
of makins: their annual settlement, and shall be paid out by that 
officer upon the warrant of the Auditor of State. 

Sec. 141. The State Board of Education shall, when such li- 
braries have been received, cause the same to be distributed to the 
counties as follows: To each county having a population of 15,000 
inhabitants, and upwards, ten libraries; to each county having a 
population of 10,000, and less than 15,000 inhabitants, eight libraries; 
and to each county having a population of less than 10,000 inhabi- 
tants, six libraries, which shall be distributed equitably by the boaid 
of county commissioners to the townships of their respective counties. 
Sec 142. Such libraries shall be in charge of the boards of town- 
ship trustees, — shall be deemed the property of the township, and 
shall not be subject to sale nor alienation for any cause whatever. 

Sec. 143. Such trustees shall be accountable for the preservation 
of said libraries, — may prescribe the time of taking, and the period 
of retaining books, — assess damages done to them by persons entitled 
to their use, and adopt rules and regulations necessary for their 
preservation and usefulness. 

Sec. 144. The voters of the township may determine, at any an- 
nual meeting, whether the said library shall be deposited at some 
central point, or at one or more eligible places in the township, for 
the convenience of scholars and families. It shall be the duty of the 
township trustees to elect, annually, one of their number township 
librarian. 



20 

Sltic, I45. Every family in the township shall be entitled to the 
use of one volume at a time from said library, although no member 
of such family attends school. 

Sec. 146. The library shall be open to all persons entitled to its 
privileges, throughout the year, without regard to school sessions. 



State Board of Education. 

Sec. 14T. The State Board of Education shall consist of the State 
Superintendent of Public Instruction, the Governor, the Secretary, 
Treasurer, and Auditor of State, who shall meet annually at Indian- 
apolis on the second Monday of November, for the purpose of more 
efJectually promoting the interests of education, by mutual confer- 
ence, interchange of views and experience oi the practical operation 
of the system^ the introduction of uniform school books, the adoption 
of the! most eligible means of facilitating the establishment of town- 
ship school libraries, and the discussion and determination of such 
questions as may arise ift the practical administration of the school 
system. 

WM. H. ENGLISH, 
Speaker of the House of Representatives. 
S. S. MICKLE, 
President of the Senate, pro tem. . 
ArpRovED June 14^ 1852. 

JOSEPH A. WRIGHT. 



STATEi OF INDIANA, TO-WIT : 

I, Charles H. Test, Secretary of State for the State aforesaid, certify that the fore- 
going is a true, full, and complete copy of an enrolled act now on file in my office. 

In witness whereof, I have hereunto set my hand, and affixed my 
seal of State at Indianapolis, this 17th day of Junej A. D. 1852. 

CHARLES H. TEST, 
Setrkary of Static 



INDEX. 



AUDltOR OK St ATM i 

Shall arrange transfers between counties i -. » 89 

Shall prescribe' forms and modes of book-keeping for certain officers^ 64 

BOARD OF COUiNTy COMMISSIONERS: 
Shall trcnsmit certain reports to State Superintendent and Auditor of State. .,,,. .... 65-C7 

COMMON SCHOOL FUxN'D : 

What shall be denominated the common school fund ]_2 

Liability of counties for preservation of fund 3 

Regulating investment of fund 33-70 

Distribution of school fund , 29-32 

DISTRIBUTION of school funds 29-3S 

DEBTS : 
Relating to debts heretofore contracted by school districts 133 

FEES : 
Allowed in case of mortgages for loans « ^ 70 

FUND, COMMON SCHOOL: 

What denominated 1-2 

Liability of counties for preservation of 3 

Concerning investment of fund 33-70 

GOVERNOR : 

Shall cause report of superintendent to b« publishedi «Scc.. 83 

Shall be a member of the State Board of Education 147 

LANDS, SCHOOL: 

Of the custody and management of lands belonging to common schools ^ 86-120 

libraries;: 

Township tchool libraries, how est&bllehed aBdmtna^d...i 13S*14C 



22 

tOANSr *'^'''"' 

Of common school fund, how made, dec » 33-70 

MISCELLANEOUS Provisions 121-]4(S 

MORTGAGE AND NOTE: 

Forms of, taken for loans <. 49-^ 

NOTE and mortgage, *. 49-50 

STATE SUPERINTENDENT: 

Concerning election and duties of 71-85 

Shall make annual statement concerning school fund, &c 29-30 

Decision of, shall be final in certain cases of appeal 127 

STATE BOARD OF EDUCATION : 

Shall meet annually, &c 147 

TEACHERS, COMMON SCHOOL: 

Shall file report of number of scholars, die 4 <...<.. 14 

May be dismissed for cause 17-18 

Examination and license of 85 

Must be qualified, and of good moral character 129 

TRUSTEES, SCHOOL : 

trrUstees of civil townships shall be school trustees 4 

Shall take charge of educational affairs cf township 8 

Duties in relation to the organization of schools ...<<<... 4.... *.« i,...i.ii.4 9«28 



LIBRARY OF CONGRESS 



020 312 009 6 




